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Judiciary

Gauhati HC declined to Grant bail to accused in Bribery Case involving CIT

May 3, 2018 3027 Views 0 comment Print

The investigating officer has objected to granting bail on the ground that further investigation is required to ascertain the source of huge money handed over to Ramesh Goenka through Pranjal Sarma. Investigation is being carried out to ascertain the mode of transfer of the bribe to the Income Tax Commissioner and how the part of the bribe was shared with other accused and as such release of accused at this stage may hamper the investigation.

Delhi HC order on Filing of Returns by disqualified Directors under COD Scheme

May 3, 2018 2979 Views 0 comment Print

1. This bunch of writ petitions have been filed by persons who were directors in companies incorporated under the provisions of the Indian Companies Act, 1956. Apart from these companies, these petitioners have stated in the writ petitions that they were directors of other companies as well. In several cases, we are informed that the companies in which they were directors are still active.

Lease equalisation charges allowable expense; ICAI Guidance Note carries great weight: SC

May 2, 2018 28944 Views 0 comment Print

Supreme Court Ruling – The Guidance Note issued by Institute of Chartered Accountants of India on lease rental income which helps to compute lease equalisation charges, held to be allowable as a deduction. There is no express bar in the Income-tax Act, 1961 regarding the application of such accounting standards.

Benefit of IDS, 2016 cannot be given to Person Prosecuted u/s 420

May 2, 2018 843 Views 0 comment Print

M/s Hillways Construction Company Private Limited Vs Income Tax Department and others (Uttarakhand High Court); Admittedly Section 420 of IPC is an offence which comes under Chapter XVII of the IPC. Income Declaration Scheme (IDS), 2016, of which the petitioner is seeking benefit, categorically stipulates that in case prosecution is going on against a person […]

Reasonable foreign travel expenditure on grounds of commercial expediency allowable as deduction

May 1, 2018 3606 Views 0 comment Print

AO disallowed 20% of total foreign travel expenses during the year under consideration. CIT(A) recorded that for assessment year 2000-01 and 2001-02 the disallowance was restricted to 10% of the total expenses incurred for foreign travel, against which Revenue preferred appeal to Delhi ITAT.

Application U/s. 80G(5) cannot be rejected for sufficiency of funds with an institution

May 1, 2018 2709 Views 0 comment Print

CIT(E) was not justified in rejecting approval sought by assessee under section 80G(5) on the allegation that assessee had sufficient disposable fund because sufficiency of funds available with an institution seeking the approval is not mentioned as condition under section 80G, which needs to be looked into before granting approval.

Addition on estimated basis by rejecting books without any adverse material cannot stand

May 1, 2018 2493 Views 1 comment Print

ITAT Mumbai held in the case of Parle Products Pvt. Ltd. vs. ACIT that Making addition on estimate basis by rejecting the books of account in the absence of any adverse material brought on record cannot stand.

CCI bust cartel in tenders of Pune Municipal Corporation

May 1, 2018 1509 Views 0 comment Print

The Competition Commission of India (CCI) passed final order imposing penalty on six firms – Fortified Security Solutions (Fortified), Ecoman Enviro Solutions Pvt. Ltd. (Ecoman), Lahs Green India Pvt. Ltd.

Mere change of opinion on same facts and law does not justify a reassessment

April 30, 2018 2631 Views 0 comment Print

To sum up, even under the amended law, in all cases, there must exist reason to believe that income has escaped assessment and a mere change of opinion on the same facts and law does not justify a reassessment. For a reassessment proceeding initiated after four years, it must further be established that the escapement was by reason of failure of the assessee to disclose fully and truly all material facts.

Penalty leviable on Income disclosed voluntarily when Assessee had no explanation to offer

April 30, 2018 1623 Views 0 comment Print

It is apparent that when the assessee could not establish the genuineness of the impugned transaction before the Assessing Officer that it decided to surrender an amount of Rs. 55 lakh. Thus, the factual matrix indicates that the assessee made the surrender when it had no explanation to offer. Thus, the assessee could not prove the bona fide of its claim.

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